1 + Indian and Northern Affaires indiennes Affairs Canada et du Nord Canada Ind^n and Inuit Affairs Affaires indiennes et inuit BAND COUNCIL RESOLUTION RÉSOLUTION DE CONSEIL DE BANDE NOTE. The words From our Band Funds” ‘ Capital” or "R ev en u e ” , which ever is the case, must appear in all resolutions requesting expenditures from Band Funds NOTA: L es mots " des fonds de notre bande ” C a p ita V ou revenu” selon le cas doivent paraitre dans toutes les résolu tions portant sur des dépenses à même tes fonds des bandes th e c o u n c il of th e FORT HOPE BAND LE CONSEIL DE LA BANDE INDIENNE AGENCY d istr ic t WESTERN p r o v in c e ONTARIO PLACE NOM DE L ’ENDROIT FORT HOPE DATE ------------------ ÎÂ---------- 1 0 A D 1 9 D A Y - JO U R MONTH - MOIS Y E A R - A N N É E DO HEREBY RESOLVE: DECIDE, PAR LES PRESENTES: WHEREAS, the Font Hope. Band pa**cd Section S5.J Alcohol By-Law #6 on December. H, 1985 ai> pen. minuta o£ special meeting and B.C.R. 85 - 46 attached; WHEREAS, the Alcohol By-Law #6 ha* been In j\ull know ledge o& the community *lnce 1985; WHEREAS, the Section 85.1 Alcohol By-Law #6 had not been Ae*ubmltted fioA Aegl*tA atlon afiten. the exemption undeA the Sta tu tory In&tAument* Act, a i peA le t te A o £ M In liteA July 16, 1987; WHEREAS, renewed p u b lic campaign oannouncement mea*uAe* have been taken to fiu lly infioAm and. n o t i fy eveAyone afâected; THEREFORE, BE IT RESOLVED, that the Band Council heAeby Ae-pa**e* and adopt* Section 85.1 Alcohol By-Law #6; AWV FURTHERMORE, the Band Council Aeque*t* the MinibteA o& Indian AfifiaiA* to Ae&ubmil ouA Section 85.1 Alcohol By-Law #6 £o a AeglitAatlon. ’fCouncTlior — c o n s e ii le r j ............... (Councillor — c o n s e ille r ) FOR D EPARTM ENTAL USE ONLY - RÉSERVÉ AU M IN IS T E R E 1. Band Fund Code 2. C OMPUTER B ALAN C ES - SO LD E S D ’O R D IN A T E U R 3. Expenditure Code du com pte B. Revenue — Revenu de bande A. Capital $ $ $ & Recommended — Recom mendabte Date Recommending Off icer — Recommandé parChronological No. — Numéro con sécu tif ________ S9/90 - 147 F ile Reference — N ° de ref. du d oss ie r C urrent C a p it a l B a la n c e S o ld e d e c a p ita l £ C om m itted — E n Ç a ç é $ C u rren t R e v e n u e b a la n c e C a /ri û ri a f û ni* A C om m itted — E rifra ô é $ ^ 9 ____ ______ (Councillor — c o n s e ille r ) (Councillor — C on se ille r) (Councillor — c o n s e ille r ) (Councillor — c o n s e ille r ) 4* Authority — A u to r ité 5. Source of Funds Dépenses Indian Act Sec Source des f ends A rt, de la L o i sur les i—i , i—i Revenue Indiens □ Capital 0 R e v m u Approved — Approuvable Date Approving Officer — Approuvé par
F 0 R T H O P E I N D I A N B A hi V By-LAW NO. SIX (6) BEING A BY-LAW RESPECTING INTOXICATION ANV THE USE 0F INTOXICANTS ON THE RESERVE OF THE FORT HOPE BANO OF INDIANS. WHEREAS, SUBSECTION 85.1 (1) OF THE INDIAN ACT, R.S.C. 1970, CHAPTER 1-6 {AS AMENDED), EMPOWERS THE COUNCIL OF THE FORT HOPE BAND TO MAKE BY-LAWS RESPECTING INTOXICATION AND THE USE OF INTOXICANTS ON THE RESERVE OF THE FORT HOPE BAND; AND, WHEREAS, PURSUANT TO SUBSECTION 85.1 (2) OF THE INDIAN ACT, THE FORM AND SUBSTANCE OF THE BY-LAW SET OUT BELOW WERE ASSENTED TO BY A MAJORITY OF THE ELECTORS OF THE FORT HOPE BAND WHO VOTED AT A SPECIAL MEETING OF THE BAND ON THE 16th DAY OF DECEMBER, 1985, CALLED BY THE COUNCIL OF THE FORT HOPE BAND FOR THE PURPOSE OF CONSIDERING THE SAID BY-LAW; AND, WHEREAS, THE COUNCIL OF THE FORT HOPE BAND CONSIDERS NECESSARY SPECIAL MEASURES FOR THE PROTECTION OF THE CITIZENS OF THE RESERVE OF THE FORT HOPE BAND FROM THE PRESENCE OF INTOXICANTS; NOW THEREFORE, PURSUANT TO SECTION 85.1 OF THE INDIAN ACT, THE COUNCIL OF THE FORT HOPE BAND ENACTS AS A BY-LAW THEREOF AS FOLLOWS:
IN THIS BY-LAW "INTOXICANT" MEANS "INTOXICANT" AS IT IS DEFINED UNDER SUBSECTION 2 (1 ) OF THE INDIAN ACT, AND FOR GREATER CERTAINTY AND WITHOUT ALTERING THE MEANING OF "INTOXI CANT", IT SHALL BE DEEMED TO INCLUDE THE FOLLOWING PREPARATIONS AND MIXTURES CAPABLE OF HUMAN CONSUMPTION THAT ARE INTOXICATING: (I) GLUE AND THE VAPOURS THEREOF, (II) "LYSOL" AND OTHER SIMILAR CLEANING PRODUCTS AND THE VAPOURS THEREOF, (III) GASOLINE AND GASOLINE-BASED PRODUCTS AND THE VAPOURS THEREOF, AND (IV) PERFUME, HAIRSPRAY AND OTHER SIMILAR COSMETIC PRODUCTS AND THE VAPOURS THEREOF. 2. A PERSON WHO SELLS, BARTERS, SUPPLIES OR MANUFACTURES AN INTOXICANT ON THE RESERVE OF THE FORT HOPE BAND IS GUILTY OF AN OFFENCE AND IS LIABLE ON SUMMARY CONVICTION TO THE PENALTY DESCRIBED IN PARAGRAPH 85.1 (4) (A) OF THE INDIAN ACT, NAMELY, A FINE OF NOT MORE THEN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIX MONTHS OR BOTH. 3. A PERSON WHO IS FOUND (A) WITH INTOXICANTS IN HIS POSSESSION OR (B) INTOXICATED, ON THE RESERVE OF THE FORT HOPE BAND, IS GUILTY OF AN OFFENCE AND IS LIABLE ON SUMMARY CONVICTION TO THE PENALTY DESCRIBED IN PARAGRAPH 85.1 (4) (B) OF THE INDIAN ACT, NAMELY, A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING THREE MONTHS OR BOTH. 4. THE PROVISIONS OF THIS BY-LAW DO NOT APPLY WHERE THE INTOXICANT IS USED OR INTENDED TO BE USED, (A) IN CASES OF SICKNESS OR ACCIDENT, OR (B) FOR DOMESTIC AND COMMERCIAL PURPOSES THAT DO NOT INVOLVE HUMAN COMSUMPTION. 5. A BAND CONSTABLE OR ANY OTHER AUTHORIZED PEACE OFFICER MAY ARREST WITHOUT WARRANT ANY PERSON WHOM HE FINDS CONTRAVENING SECTION 2 OR 3 OF THIS BY-LAW.
6. {/) EVERY PERSON COMING ONTO THE RESERVE OP THE TORT HOPE BAND SHALL, AT THAT TIME, IF REQUESTED BY A BAND CONSTABLE OR ANY OTHER AUTHORIZED PEACE OFFICER, DECLARE WHETHER OR NOT HE HAS IN HIS POSSESSION ANY INTOXICANT, WHETHER ON HIS PERSON OR AMONG THE LUGGAGE, BAGS, PACKAGES OR OTHER CON TAINERS THAT HE IS BRINGING ONTO THE RESERVE. (2) HOLLOWING A DECLARATION OR A FAILURE TO DECLARE UNDER SUBSECTION (I), A BAND CONSTABLE OR ANY OTHER AUTHORIZED PEACE OFFICER WHO BELIEVES, ON REASONABLE GROUNDS, THAT THERE IS ANY PERSON CONTRAVENING SECTIONS 2 OR 3 OF THIS BY-LAW MAY A) DETAIN THAT PERSON FOR A PERIOD OF TIME SUFFICIENT TO CONDUCT A SEARCH FOR ANY INTOXICANT, AND B) DETAIN THE LUGGAGE, BAGS, PACKAGES OR OTHER CONTAINERS THAT PERSON IS BRINGING ONTO THE RESERVE FOR A PERIOD OF TIME SUFFICIENT TO APPLY FOR A SEARCH WARRANT UNDER SECTION 103 OF THE INDIAN ACT AND FOR A PERIOD OF TIME SUFFICIENT TO EXECUTE ANY WARRANT ISSUED BY A JUSTICE OF THE PEACE UNDER SECTION 103. (3) IF ANY INTOXICANT IS FOUND PURSUANT TO A SEARCH CON DUCTED UNDER SUBSECTION (2), A BAND CONSTABLE OR ANY OTHER AUTHORIZED PEACE OFFICER MAY ARREST WITHOUT WARRANT ANY PERSON IN POSSESSION OF THE INTOXICANT, PURSUANT TO SECTION 5 OF THIS BY-LAW. (4) THE NAME OF EVERY PERSON WHO FAILS TO DECLARE UNDER SUBSECTION (1) SHALL BE REPORTED TO THE COUNCIL OF THE FORT HOPE BAND BY A BAND CONSTABLE OR ANY OTHER AUTHORIZED peace Officer.
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